Mary Commander’s Legal Guides

Cooperative Versus Collaborative Divorce

October 28, 2012 10:34pm

The worst type of divorce for everyone is a contested divorce. That is one where the decisions are left to a judge after the parties "fight it out" in court. This type of case exacts a great cost financially and emotionally.
A recent trend in the law has been to have the parties...

Defenses to Adultery in Virginia Divorce Actions

July 26, 2011 11:37pm

Defenses to Adultery Claims in Virginia Divorce Actions
In Virginia, adultery is the only ground for divorce that can serve as a bar to spousal support by statute. Accordingly, proof of adultery can have a significant impact in a divorce case.
Adultery in Virginia must be proven ...

Change of Sex on a Birth Certificate

July 24, 2011 10:31pm

Change of Sex on a Birth Certificate
A procedure exists under Virginia law for the change of a person's gender and the issuance of a new birth certificate.
Virginia Code Section 32.1-269 requires:
Upon receipt of a certified copy of an order of a court of
competent jurisdiction ...

What is Separate Property in Virginia?

July 24, 2011 9:17pm

What is Separate Property in Virginia?
In a divorce case in Virginia, before a court can even think about dividing property between the parties or taking any other action with regard to the prpperty, it must be classified. The property can be be classified as either separate, mar...

Spousal Support in the Juvenile and Domestic Relations District Court

July 24, 2011 8:52pm

Spousal Support in the Juvenile and Domestic Relations District Court
Virginia has a curious system in which two courts can enter Orders dealing with the same matters. The Juvenile and Domestic Relations District Court and the Circuit Court in divorces can enter Orders establishi...

Grounds For Divorce in Virginia

July 23, 2011 10:47pm

Grounds For Divorce in Virginia
Virginia Code Sections 20-91 and 20-95
No Fault
The parties can be divorced on a "no fault" basis based on a one year separation or on a six month separation with a written Agreement if the parties have no children under the age of eighteen.
Fault
...

Divorce Revokes Beneficiary Designations in Virginia

July 23, 2011 10:29pm

Divorce Revokes Beneficiary Designations in Virginia
By statute,upon the entry of a decree of annulment or divorce
from the bond of matrimony on and after July 1, 1993, any revocable
beneficiary designation contained in a then existing written contract
owned by one party that ...

Illegal Marriages in Virginia

July 23, 2011 10:13pm

Illegal Marriages in Virginia
Certain marriages in Virginia are prohibited by statute.
Prohibited Marriages
Virginia Code Section 20-38.1 provides:
(a) The following marriages are prohibited:
(1) A marriage entered into prior to the dissolution of an earlier marriage of one of t...

Immunity of Child Abuse Reporters in Virginia

July 23, 2011 9:40pm

Immunity of Child Abuse Reporters in Virginia
In order to encourage reports to be made of child abuse or neglect, those who make reports of suspected abuse are immune from liablity by staute in Virginia.
Virginia Code Section 63.2-1512 provides:
Any person making a report pursuan...

Involuntary Termination of Parental Rights in Virginia

July 23, 2011 4:42pm

Invountary Termination of Parental Rights in Virginia
Under certain circumstances the rights of parents can be involuntarily terminated by court action.
Parents must be afforded due process, and the procedures must be adhered to strictly.
Circumstances That Are Grounds for Termi...